The property is liable to be auctioned.

 “Bare perusal of section 2 of Act, 1893 (ibid) reflects that request for sale can be made, where a decree for partition might have been made. Legislature has consciously used the phrase “where a decree for partition might have been made”. Sale, according to provisions of Section 2(ibid), pertains to the cases, where decree might have been made. The above provision of law is not applicable to the case where the decree has been passed. Partition decree consists of two decrees so to say the preliminary decree and final decree. Once the preliminary decree is passed, the provisions of section 2 of the Partition Act, will not apply and the Court has to pass final decree. The court, in such circumstances, will resort to the provisions of Section 3 and in case of failure of any shareholder to apply for leave to buy the share, the property is liable to be auctioned.”

2008 CLC 248 Lahore